The Doctrine of Liberalism for state protection of workers' rights in the Republic of Kosovo

• Author: Valon Leci
• Pages: 245-256

245

Vol. 3 No. 3

January, 2018

Balkan Journal of Interdisciplinary Research

IIPCCL Publishing, Graz-Austria

ISSN 2410-759X

Acces online at www.iipccl.org

The Doctrine of Liberalism for state protection of workers’ rights in the

Republic of Kosovo

Valon Leci

Abstract

Employment relationship, as well as safety and health at work are not simply legal relations

concluded between the employer and employee, and which are related to the exercise of the

working activity of the employee for the account of the employer conform to the relevant

salary, but are elds where the most fundamental issues of the doctrine of liberalism and rule of

law are to be targeted. Abstraction from simple legal positions that govern these two concrete

elds and positioning in the theoretical and practical aspect in studying and implementing the

appropriate norms in the protection of human rights, including the right to work to the right

to live, orients us in the conception of a guardian state that ensures the respect of individual

and individuality by respecting its rights and freedoms, the right level of social welfare and

strengthening of state mechanisms. Surely, the rule of law is perceived through the state

mechanisms that are functional and enable the state functioning. Such a group of mechanisms

includes even institutions that supervise the applicability of legal provisions and which are

identied with the justied state violence.

Keywords: Liberalism, law, justice, work, life.

Introduction

Revealing our claims to dene the right as a eld of study is accompanied with

systematic problems because the eld itself is dicult to be dened and when we add

to this the problem which occurs when we want to treat a theory from the philosophical

perspective, then we see how the philosophical treatment of the right is accompanied

with theoretical problems since the beginning and continues systematically. If we

generalize, however, the viewpoints in general doctrines in relation to what is

such a right, then we can conclude that there are two dierent theories which in

fact orient us to the denitions of the right by comparing or dierencing with other

social norms. These two theories are the theory on natural human rights and theory

of positivism on the right. “There are two basic philosophical doctrines of the right

– natural law theory, oen called natural theory of the right and the theory of legal

positivism.”1This is dened in the same way in the Collins dictionary of law, adding

another category, namely realism. “Jurisprudence 1. Rule of law in philosophical

meaning, considering questions "what is law?". There are many schools of thought;

the main ones are NATURAL LAW, POSITIVISM and REALISM.’’2

While the rst theory treats the law comparing it with other social norms, especially

moral, the second theory totally dierentiates it from the necessity for any imminent

link to any other social norm. While theorists of natural theory insists that the law

1 FatmirZanaj,Filozoaesëdrejtës,Sht.botueseNaimi,Tiranë,p.15.

2 W.J.Stewart,Colinsdictionaryoflaw,SecondEdition,p.223